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 Case: 61CH1:22-cv-00719 Document #: 8 Filed: 06/02/2022 Page 1 of 5

IN THE CHANCERY COURT OF RANKIN COUNTY, MISSISSIPPI

JENNIFER SCHOOLER CONEY PETITIONER

V. CAUSE NO. 61ch1:22-cv-00719

EMARY WALKER AND LAURELWOOD

HOME-OWNER ASSOCIATION, INC. RESPONDENTS

MOTION TO DISMISS, OR IN THE ALTERNATIVE, MOTION FOR A MORE

DEFINITE STATEMENT AND MOTION FOR SANCTIONS UNDER RULE 11 AND
THE LITIGATION ACCOUNTABILITY ACT

COMES NOW the Respondents, pursuant to the Mississippi Rules of Civil Procedure, the

Local Rules of Court and all other applicable court rules, and files this Motion to Dismiss pursuant

to Miss.R.Civ.P. 12(b)(6), or in the alternative Motion for a More Definite Statement pursuant to

Miss.R.Civ.P. 12(e), and Motion for Sanctions pursuant to Miss.R.Civ.P. 11. As grounds therefore,

Respondents would show the following:

1. This matter involves the Laurelwood Home-Owner Association, Inc., a Mississippi non-

profit corporation.

2. Petitioner filed its Petition to Enforce Member’s Rights to Inspect Corporate Records on

May 6, 2022, identified as Docket No. 1.

3. The Petition contains insufficient specific facts. It makes general conclusory allegations

regarding some alleged ‘certain actions,’ without setting forth the particular grounds and nature of

the alleged actions and why they would be a basis for a civil cause of action under Mississippi law.

Respondents are unable to discern what Petitioner is alleging. Petitioner’s written requests have

been sufficiently answered, and documents produced and literally made available online for

inspection at https://laurelwoodofms.org/neighborhood-information/financial-information/.

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4. Entitlement or refusal to review records is not in and of itself a recognized cause of action

at law. Respondents are unable to respond to generalities or to prepare for contested hearing

without Petitioner setting forth the particulars as to the factual basis upon which the allegations

are based.

5. Pursuant to Rule 12(b)(6) of the Mississippi Rules of Civil Procedure, Respondents move

to dismiss Petitioner’s Complaint on the ground that Petitioner has failed to state a claim upon

which relief can be granted. Petitioner in this matter has failed to allege any set of facts which

would support the relief it seeks.

6. In the alternative, Miss.R.Civ.P. 12(e) states, “If a pleading to which a responsive pleading

is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a

responsive pleading, he may move for a more definite statement before interposing his responsive

pleading. The motion shall point out the defects complained of and the details desired. If the motion

is granted and the order of the court is not obeyed within ten days after notice of the order or within

such other time as the court may fix, the court may strike the pleading to which the motion was

directed or make such order as it deems just.” Respondents requests the Court order a more

definitive statement under Rule 12(e), more specifically a statement of the factual basis supporting

the relief sought.

7. The complaint is frivolous and completely without merit.

8. The Mississippi Rules of Civil Procedure, which all attorneys and parties have to abide by

in litigation, include a specific rule that an attorney or a party may not file a motion that is frivolous

or for the purpose of harassment or delay. M.R.C.P 11.

9. “Frivolous” means a claim or defense made ‘without hope of success.’” See In re Spencer,

985 So. 2d 330, 338 (Miss. 2008). M.R.C.P 11.

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10. (b) Sanctions…For willful violation of this rule an attorney may be subjected to appropriate

disciplinary action. Similar action may be taken if scandalous or indecent matter is inserted. If any

party files a motion or pleading which, in the opinion of the court, is frivolous or is filed for the

purpose of harassment or delay, the court may order such a party, or his attorney, or both, to pay

to the opposing party or parties the reasonable expenses incurred by such other parties and by their

attorneys, including reasonable attorneys’ fees. [Amended effective March 13, 1991; amended

effective January 16, 2003] M.R.C.P 11.

11. Rule 11 provides two alternative grounds for the imposition of sanctions - the filing of a

frivolous motion or pleading, and the filing of a motion or pleading for the purpose of harassment

or delay. See Nationwide Mut. Ins. Co. v. Evans, 553 So. 2d 1117, 1120 (Miss. 1989). M.R.C.P

12. Although a finding of bad faith is necessary to sustain the imposition of sanctions based on

purposeful harassment or delay, a finding of bad faith is not necessary to sustain the imposition of

sanctions based upon frivolous pleadings or motions. M.R.C.P. 11.

13. A pleading is “frivolous” if its “insufficiency…is so manifest upon a bare inspection of the

pleadings, that the court or judge is able to determine its character without argument or research.”

In re Estate of Smith, 69 So. 3d 1, 6 (Miss. 2011). M.R.C.P 11.

14. Sanctions against a party are improper in cases where the party relied strictly on advice of

counsel and could not be expected to know whether the complaint was supported by law, where

the party relied on advice of counsel in filing the pleading and played no significant role in

prosecution of the action; or where the party was unaware and lacked responsibility for any bad

faith harassment or delay. See Stevens v. Lake, 615 So. 2d 1177, 1184 (Miss. 1993). M.R.C.P 11.

15. The Litigation Accountability Act states, in pertinent part: “Except as otherwise provided

in this chapter, in any civil action commenced or appealed in any court of record in this state, the

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court shall award, as part of its judgment and in addition to any other costs otherwise assessed,

reasonable attorney's fees and costs against any party or attorney if the court, upon the motion of

any party or on its own motion, finds that an attorney or party brought an action, or asserted any

claim or defense, that is without substantial justification . . . . Miss. Code Ann. § 11-55-5(1) (Rev.

2012).

16. The phrase "without substantial justification" is defined by the Act as a filing that is

"frivolous, groundless in fact or in law, or vexatious, as determined by the court." Miss. Code Ann.

§ 11-55-3(a) (Rev. 2012). "The term 'frivolous' as used in this section takes the same definition as

it does under Rule 11: a claim or defense made 'without hope of success.'" In re Spencer, 985 So.

2d at 338 (¶26) (quotations omitted). "A plaintiff's belief alone will not garner a 'hope of success'

where a claim has no basis in fact." Foster v. Ross, 804 So. 2d 1018, 1024 (¶21) (Miss. 2002)

(quotations omitted). Whether a party has any "hope of success" is an objective standard to be

analyzed from the vantage point of a reasonable plaintiff at the time the complaint was filed. Tricon

Metals & Servs. Inc. v. Topp, 537 So. 2d 1331, 1335 (Miss. 1989).

17. In the instant case, Counsel for Petitioner’s actions in filing a frivolous pleading caused the

Respondents to incur unnecessary legal fees and costs. Pursuant to the Mississippi Rules of Civil

Procedure and the Local Rules of Court, this Court should award the Respondents reasonable

expenses, including attorney fees, caused by Petitioner and its Counsel for the Petitioner’s

frivolous pleading.

WHEREFORE, PREMISES CONSIDERED, Respondents requests this Honorable

Court to grant its motion, and award any and all other relief as this Court deems just. And if the

Respondents have prayed for wrong, improper or insufficient relief, then it prays for such other

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and further relief as to which it may be entitled in the premises or such relief as the Court may

deem necessary under the circumstances.

Respectfully submitted, this the 2nd day of June, 2022.

EMARY WALKER AND LAURELWOOD

HOME-OWNER ASSOCIATION, INC.

Of Counsel:

__ /s/ Thomas J. Bellinder, Esq. ________

Thomas J. Bellinder (MSB # 103115)
BELLINDER LAW FIRM
200 E. Government St.
Brandon, MS 39042
Phone: (601) 487-9340
Fax: (601) 265-1795
Email: [email protected]

CERTIFICATE OF SERVICE

The undersigned counsel does hereby certify that a true and correct copy of the foregoing
document has been filed with the court clerk via MEC and a copy has been forwarded to opposing
counsel via electronic means to their usual place of business.

This the 2nd day of June, 2022.

BY: __ /s/ Thomas J. Bellinder, Esq. ______

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Case: 61CH1:22-cv-00719 Document #: 16 Filed: 07/26/2022 Page 1 of 1
 Case: 61CH1:22-cv-00719 Document #: 19 Filed: 10/03/2022 Page 1 of 3

IN THE CHANCERY COURT OF RANKIN COUNTY, MISSISSIPPI

JENNIFER SCHOOLER CONEY PETITIONER

VS. CAUSE NO. 22-719

EMARY WALKER AND LAURELWOOD RESPONDENTS

HOME-OWNER ASSOCIATION, INC.

MOTION FOR CITATION OF CONTEMPT

Petitioner Jennifer Schooler Coney (“Mrs. Coney”) moves this Court for an Order finding

Defendants Emary Walker and Laurelwood Home-Owner Association, Inc. in contempt of Court

for failure to comply with the Order [MEC #16] entered by this Court on July 26, 2022 and in

support respectfully states:

1. On July 26, 2022, this Court entered an Order [MEC #16] directing Respondents

to produce certain documents to Plaintiff within thirty (30) days.

2. Respondents are in willful contempt of Court for failure and refusal to abide by

the Order [MEC #16] in the following respects:

3. No records were produced by Respondents with respect to any of the following

items ordered by this Court:

a. A listing of all bank and/or credit accounts that LWHOA has maintained, charged,
or funded at any point during the time period of January 1, 2017, through March
24, 2022.

b. Copies of all electronic payments and receipts made to/from Emary Booth
Walker’s (LWHOA president) personal Venmo account for LWHOA dues and
expenses collected between January 1, 2019- December 31, 2020.

c. Copies of all Non-Disclosure Agreements (NDA) signed by previous or current

board members of LWHOA between January 1, 2017-March 24, 2022.

d. A listing of all vendors for the LWHOA for January 1, 2017-March 24, 2022,
with contact information, mailing addresses, specifications of the scope of work

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 Case: 61CH1:22-cv-00719 Document #: 19 Filed: 10/03/2022 Page 2 of 3

performed for LWHOA, invoices for work performed, and receipts for payment
by LWHOA.

e. Copies of all bids for any construction projects (along with amendments)
submitted to the previous or current board members of the LWHOA between
January 1, 2017- March 24, 2022.

f. Copies of all insurance claims made against LWHOA property during the time
period of January 1, 2017, to March 24, 2022, as well as copies of any checks
received from any insurance carrier for claims made against LWHOA property.

g. Copies of all insurance policies held by LWHOA during the time period of
January 1, 2017- March 24, 2022.

h. A list of the names and business or home addresses of its current directors and
officers.

4. Incomplete records were produced by Respondents with respect to the following

items ordered by this Court:

a. With respect to any bank and/or credit account LWHOA has maintained, charged,
or funded at any point between January 1, 2017, through March 24, 2022, copies
of all applications or signature cards for the account, as well as copies of all
monthly statements and canceled checks for each account for the time period of
January 1, 2017, through March 24, 2022.

b. Copies of LWHOA’s tax returns, including all schedules, for tax years 2017-
2021.

c. Copies of all other LWHOA financial records, including but not limited to copies
of all balance sheets, journal entries, profit and loss statements, budgets (with
supporting itemization listing name of the vendor, the amount paid, copies of
canceled checks, cash payments, cash donations, donations/receipts to/from any
organization, electronic or otherwise) between January 1, 2017-March 24, 2022.

WHEREFORE, PREMISES CONSIDERED, Petitioner prays that this Court enter an

Order finding Respondents in contempt of Court, ordering Respondents to immediately purge

themselves of contempt, sanctioning Respondents as this Court deems appropriate, and awarding

Petitioner her reasonable attorney’s fees incurred as a result of Respondents’ contemptuous

conduct.

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Petitioner further prays for any other relief to which she may be entitled in this Court of

equity.

Respectfully submitted this the 3rd day of October, 2022.

JENNIFER S. CONEY, Petitioner

By: /s/ Sarah-Lindsey Hammons

Sarah-Lindsey Hammons (MSB #105357)
TAGGART, RIMES & WIGGINS, PLLC
1022 Highland Colony Parkway, Suite 101
Ridgeland, Mississippi 39157
Telephone: (601) 898-8400
Facsimile: (601) 898-8420
[email protected]
Attorney for Petitioner Jennifer Coney

CERTIFICATE OF SERVICE

I hereby certify that on this day I electronically filed the foregoing pleading or other
paper with the Clerk of the Court using the MEC system which sent notification of such filing
to the following: All counsel of record.

Further, I hereby certify that I have mailed by United States Postal Service the document
to the following non-MEC participants: None.

DATED this the 3rd day of October, 2022.

/s/ Sarah-Lindsey Hammons

Sarah-Lindsey Hammons

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Case: 61CH1:22-cv-00719 Document #: 61 Filed: 04/04/2023 Page 1 of 1